Rule2023-03729
Extension of Import Restrictions Imposed on Certain Archaeological Material of Belize
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2023
Effective
February 23, 2023
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border ProtectionTreasury Department
Abstract
This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological material of Belize. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State (Department of State), has determined that conditions continue to warrant the imposition of import restrictions and that no cause for suspension exists. The restrictions, originally imposed by CBP Dec. 13- 05, will be extended for an additional five-year period through February 23, 2028, and the CBP regulations are being amended to reflect this extension. CBP Dec. 13-05 contains the Designated List of archaeological materials from Belize to which the restrictions apply.
Full Text
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<title>Federal Register, Volume 88 Issue 36 (Thursday, February 23, 2023)</title>
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[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Rules and Regulations]
[Pages 11386-11388]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03729]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 23-02]
RIN 1515-AE78
Extension of Import Restrictions Imposed on Certain
Archaeological Material of Belize
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations to reflect an extension of import restrictions on
certain archaeological material of Belize. The Assistant Secretary for
Educational and Cultural Affairs, United States Department of State
(Department of State), has determined that conditions continue to
warrant the imposition of import restrictions and that no cause for
suspension exists. The restrictions, originally imposed by CBP Dec. 13-
05, will be extended for an additional five-year period through
February 23, 2028, and the CBP regulations are being amended to reflect
this extension. CBP Dec. 13-05 contains the Designated List of
archaeological materials from Belize to which the restrictions apply.
DATES: Effective on February 23, 2023.
FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond
Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise
Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, <a href="/cdn-cgi/l/email-protection#ed8299c082999f9f8e988199989f8c819d9f829d889f9994ad8e8f9dc389859ec38a829b"><span class="__cf_email__" data-cfemail="147b60397b606666776178606166757864667b647166606d547776643a707c673a737b62">[email protected]</span></a>. For operational aspects, Julie L.
Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of
Trade, (202) 945-7064, <a href="/cdn-cgi/l/email-protection#69583c3a2e2b1b08070a01290a0b19470d011a470e061f"><span class="__cf_email__" data-cfemail="69583c3a2e2b1b08070a01290a0b19470d011a470e061f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Under the Convention on Cultural Property Implementation Act (Pub.
L. 97-446, 19 U.S.C. 2601 et seq.) (CPIA), which implements the 1970
United Nations Educational, Scientific and Cultural Organization
(UNESCO) Convention on the Means of Prohibiting and Preventing the
Illicit Import, Export and Transfer of Ownership of Cultural Property
(823 U.N.T.S. 231 (1972)) (Convention), the United States may enter
into an international agreement with another State Party to the
Convention to impose import restrictions on eligible archaeological and
ethnological materials. Under CPIA and the applicable U.S. Customs and
Border Protection (CBP) regulations, found in section 12.104 of title
19 of the Code of Federal Regulations (19 CFR 12.104), the restrictions
are effective for no more than five years beginning on the date on
which an agreement enters into force with respect to the United States
(19 U.S.C. 2602(b)). This period may be extended for additional
periods, each extension not to exceed five years, if it is determined
that the factors justifying the initial agreement still pertain and no
cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR
12.104g(a)).
On February 27, 2013, the United States entered into a memorandum
of understanding with the Government of Belize (Belize), concerning the
imposition of import restrictions on certain categories of
archaeological material of Belize (2013 MOU). On March 5, 2013, CBP
published a final rule, CBP Dec. 13-05, in the Federal Register (78 FR
14183), amending 19 CFR 12.104g(a) to reflect the imposition of
restrictions on this material, including a list designating the types
of
[[Page 11387]]
archaeological material covered by the restrictions. Consistent with
the requirements of 19 U.S.C. 2602(b) and 19 CFR 12.104g, these
restrictions were effective for a period of five years, through
February 27, 2018.
The import restrictions were subsequently extended once in
accordance with 19 U.S.C. 2602(e) and 19 CFR 12.104g(a)). On February
23, 2018, the United States entered into a memorandum of understanding
with Belize to extend the import restrictions (2018 MOU). Accordingly,
CBP published a final rule, CBP Dec. 18-02, in the Federal Register (83
FR 8354) reflecting the agreement to extend the import restrictions for
an additional five-year period.
On June 21, 2022, the United States Department of State (Department
of State) proposed in the Federal Register (87 FR 36910) to extend the
MOU between the United States and Belize concerning the import
restrictions on certain categories of archaeological material from
Belize. On December 9, 2022, after considering the views and
recommendations of the Cultural Property Advisory Committee, the
Assistant Secretary for Educational and Cultural Affairs, Department of
State, determined that the cultural heritage of Belize continues to be
in jeopardy from pillage of certain archeological material, and that
the import restrictions should be extended for an additional five
years, in accordance with 19 U.S.C. 2602(e). Through the exchange of
diplomatic notes, the Department of State and the Ministry of Foreign
Affairs of the Government of Belize have agreed to extend the 2018 MOU
for an additional five-year period.
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the
extension of the import restrictions. The restrictions on the
importation of archaeological material are to extend through February
23, 2028. Importation of such material from Belize continues to be
restricted through that date unless the conditions set forth in 19
U.S.C. 2606 and 19 CFR 12.104c are met.
The Designated List and additional information may also be found at
the following website address: <a href="https://eca.state.gov/cultural-heritage-center/cultural-property/current-agreements-and-import-restrictions">https://eca.state.gov/cultural-heritage-center/cultural-property/current-agreements-and-import-restrictions</a> by
selecting the material for ``Belize.''
Inapplicability of Notice and Delayed Effective Date
This amendment involves a foreign affairs function of the United
States and is, therefore, being made without notice or public procedure
under 5 U.S.C. 553(a)(1). For the same reason, a delayed effective date
is not required under 5 U.S.C. 553(d)(3).
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply.
Executive Order 12866
CBP has determined that this document is not a regulation or rule
subject to the provisions of Executive Order 12866 because it pertains
to a foreign affairs function of the United States, as described above,
and therefore is specifically exempted by section 3(d)(2) of Executive
Order 12866.
Signing Authority
This regulation is being issued in accordance with 19 CFR
0.1(a)(1), pertaining to the Secretary of the Treasury's authority (or
that of his/her delegate) to approve regulations related to customs
revenue functions.
Troy A. Miller, the Acting Commissioner of CBP, having reviewed and
approved this document, has delegated the authority to electronically
sign this document to Robert F. Altneu, the Director of the Regulations
and Disclosure Law Division for CBP, for purposes of publication in the
Federal Register.
List of Subjects in 19 CFR Part 12
Cultural exchange programs, Cultural property, Foreign relations,
Freight, Imports, Prohibited or restricted importations, Reporting and
recordkeeping requirements.
Amendment to the CBP Regulations
For the reasons set forth above, part 12 of title 19 of the Code of
Federal Regulations (19 CFR part 12) is amended as set forth below:
PART 12--SPECIAL CLASSES OF MERCHANDISE
0
1. The general authority citation for part 12 and the specific
authority citation for Sec. 12.104g continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States (HTSUS)), 1624.
* * * * *
Sections 12.104 through 12.104i also issued under 19 U.S.C.
2612;
* * * * *
0
2. In Sec. 12.104g, amend the table in paragraph (a) by revising the
entry for Belize to read as follows:
Sec. 12.104g Specific items or categories designated by agreements
or emergency actions.
(a) * * *
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State party Cultural property Decision No.
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* * * * * * *
Belize.................................. Archaeological material, representing CBP Dec. 13-05 extended by
Belize's cultural heritage that is at CBP Dec. 23-02.
least 250 years old, dating from the Pre-
Ceramic (from approximately 9000 B.C.),
Pre-Classic, Classic, and Post-Classic
Periods of the Pre-Columbian era through
the Early and Late Colonial Periods.
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* * * * *
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings,
Office of Trade U.S. Customs and Border Protection.
Approved:
[[Page 11388]]
Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2023-03729 Filed 2-22-23; 8:45 am]
BILLING CODE 9111-14-P
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